Supreme Court of India · 2019-04-04
Bhagwan Das Goel (Dead) Through His Lrs. ... vs Pyare Kishan Agarwal
- Citation / case number
- AIR 2019 SUPREME COURT 1673
- Court
- Supreme Court of India
- Petitioner
- Bhagwan Das Goel (Dead) Through His Lrs. ...
- Respondent
- Pyare Kishan Agarwal
- Author
- Abhay Manohar Sapre
- Bench
- Dinesh Maheshwari, Abhay Manohar Sapre
Judgment text excerpt
The Supreme Court allowed the appeal against the High Court's dismissal of a writ petition, holding that the High Court failed to consider the relevant legal principles established in Krishna Motor Service vs. H.B. Vittala Kamath, 1996 (10) SCC 88. The Court found that the issue regarding the maintainability of the application under Section 20 of the Arbitration Act, 1940, in light of Section 69(3) of the Partnership Act, was not adequately addressed by the High Court. Consequently, the case was remanded for a fresh decision on merits.